Fresolo’s retirement pay on track

Friday

May 24, 2013 at 6:00 AM

By Shaun Sutner TELEGRAM & GAZETTE STAFF

Former state Rep. John P. Fresolo, who resigned from the House Wednesday after an Ethics Committee investigation that reportedly focused on his alleged abuse of travel reimbursements, is entitled to receive a state pension and health insurance benefits for life.

With 15 years of state employment as a legislator, the Worcester Democrat, 48, is vested at age 55 to receive an annual pension payment of about 22 percent of his $61,132 salary, and medical coverage at the standard contribution rate for his group of 20 percent, according to the state retirement commission.

That means Mr. Fresolo would receive about $13,472 a year, tax free because Massachusetts state employees do not receive Social Security benefits.

If he collected the pension for 36 years after age 55, he would receive $309,856 by age 78, the average life expectancy for a U.S. male now 48 years old.

“Before a single tax dollar is given to this latest disgraced Democrat, the speaker should publicize the findings of his ethics committee to ensure transparency and fair use of public funds,” said Tim Buckley, spokesman for the state Republican Party. “It would be an insult to Massachusetts citizens for the top Democrat in the House to close the books on Fresolo and then hand him taxpayer cash when there is serious suspicion of illicit behavior on his behalf.”

While Mr. Fresolo resigned under a cloud of suspicion, he was not publicly accused of any crime or violation.

House rules dictate that the panel’s deliberations are secret, unless they get to the point at which a matter is referred to the full House. If that occurs, rules provide for public reports on the committee’s findings and hearings before the full House, with possible penalties and sanctions.

But because Mr. Fresolo resigned, the matter apparently has been closed without findings.

Seth Gitell, a spokesman for House Speaker Robert A. DiLeo, declined comment on whether it is appropriate for Mr. Fresolo to receive retirement benefits.

Mr. Fresolo did not return a call seeking comment.

It is rare for legislators to lose their pensions, even in cases of legal misconduct. In recent years, however, the state retirement board has voted to strip pensions from two former House speakers who were convicted of felonies: Salvatore F. DiMasi and Thomas M. Finneran.

The retirement board approved a pension for former Arlington state Sen. James Marzilli, who served three months in jail for misdemeanor charges stemming from his accosting four women in Lowell.

The state retirement board ruled in 2008 that former Milford state Rep. Marie Parente could not add per diem travel expenses to her salary for the purpose of pension calculations.

Per diems, sources have told the Telegram & Gazette, were at the center of the Ethics Committee investigation.

Mr. Fresolo was eighth on the list of legislators with the most per diem compensation in 2011, with 218 days claimed for $7,848.

The Ethics inquest began in March after a legislative aide made a series of complaints about what Mr. DeLeo called “serious violations” of House standards.

Mr. Fresolo, who in March was adamant about not resigning, on Wednesday acknowledged the Ethics investigation and maintained he had been in negotiations with the committee; he also alleged he had been pressured to resign.

The speaker, through a spokesman, denied that Mr. Fresolo’s resignation was the product of pressure or negotiations.

Contact Shaun Sutner at ssutner@telegram.com. Follow him on Twitter @ssutner.